BILL NUMBER: SB 1365	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 21, 2014

INTRODUCED BY   Senator Padilla

                        FEBRUARY 21, 2014

   An act to amend  Section   Sections 
14027  and 14029  of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1365, as amended, Padilla. California Voting Rights Act of
2001.
   Existing law, the California Voting Rights Act of 2001 (CVRA),
prohibits the use of an at-large election in a political subdivision
if it would impair the ability of a protected class, as defined, to
elect candidates of its choice or otherwise influence the outcome of
an election. The CVRA provides that a voter who is a member of a
protected class may bring an action in superior court to enforce the
provisions of the CVRA, and, if the voter prevails in the case, he or
she may be awarded reasonable litigation costs and attorney's fees.
 The CVRA requires a court to implement appropriate remedies,
including the imposition of district-based elections, that are
tailored to remedy a violation of the act. 
   This bill would also prohibit the use of a district-based election
in a political subdivision if it would impair the ability of a
protected class, as defined, to elect candidates of its choice or
otherwise influence the outcome of an election.  The bill would
require a court to implement specified remedies upon a finding that a
district-based election was imposed or applied in a manner that
impaired the ability of a protected class to elect candidates of its
choice or otherwise influence the outcome of an election. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 14027 of the Elections Code is amended to read:

   14027.   (a)    An at-large method of election
 or a district-based election  shall not be imposed
or applied in a manner that impairs the ability of a protected class
to elect candidates of its choice or its ability to influence the
outcome of an election, as a result of the dilution or the abridgment
of the rights of voters who are members of a protected class, as
defined pursuant to Section 14026. 
   (b) A district-based election shall not be imposed or applied in a
manner that impairs the ability of a protected class to elect
candidates of its choice or its ability to influence the outcome of
an election, as a result of the dilution or the abridgment of the
rights of voters who are members of a protected class, as defined
pursuant to Section 14026. 
   SEC. 2.    Section 14029 of the   Elections
Code   is amended to read: 
   14029.   (a)    Upon a finding of a violation of
 subdivision (a) of  Section 14027 and Section 14028, the
court shall implement appropriate remedies, including the imposition
of district-based elections, that are tailored to remedy the
violation. 
   (b) (1) Upon a finding of a violation of subdivision (b) of
Section 14027 and Section 14028, the court shall implement
appropriate remedies, as provided in this subdivision, that are
tailored to remedy the violation and that are guided in part by the
views of the protected class.  
   (2) (A) If reasonably feasible, the court shall implement, as an
appropriate remedy under this subdivision, a redistricting plan that
provides the protected class the opportunity to elect candidates of
its choice. 
   (B) If a redistricting plan under subparagraph (A) is not
reasonably feasible, the court shall implement, as an appropriate
remedy under this subdivision, a redistricting plan that provides the
protected class the opportunity to join with a coalition of groups
to elect candidates of their choice.  
   (C) A redistricting plan implemented under this paragraph shall
comply with all applicable state and federal laws.  
   (D) In addition to implementing a redistricting plan under this
paragraph, a court may implement additional remedies, including the
remedies provided in paragraph (3).  
   (3) If a redistricting plan under paragraph (2) is not reasonably
feasible, the court shall implement other appropriate remedies,
including, but not limited to, increasing the size of the governing
body; issuing an injunction to delay an election; or requiring an
election to be held on the same day as a statewide election, as
provided in Section 1001.  
   (c) This section does not prohibit the parties from settling a
dispute arising under this chapter. If the parties agree to settle a
dispute, the parties shall consider the remedies provided for in this
section when negotiating a settlement agreement.